Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: OSCAR S. BENITEZ AND O. BENITEZ & ASSOCIATES, INC.
Judges: MICHAEL M. PARRISH
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Dec. 29, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 19, 2004.
Latest Update: Dec. 22, 2024
OF PCF
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
DBPR Case No: 2003-04719" 95 BD
VS. ie
2003-064019 ~
OSCAR S. BENITEZ,
O. BENITEZ & ASSOCIATES, INC.
Respondents.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior
Design against OSCAR S. BENITEZ, O. BENITEZ & ASSOCIATES, INC. ("Respondents"),
and says:
1. Petitioner is the state agency charged with regulating the practice of architecture
pursuant to Section 20. 165, Florida Statutes, and Chapters 455 and 481, Florida Statutes.
2. The Department of Business and Professional Regulation has jurisdiction over the
unlicensed practice of architecture and interior design pursuant to Section 455.228(L), and
Section 48 1.223(1)(a), Florida Statutes.
3. Respondents’ last known address is 9400 W. Flagler Street, Unit 405, Miami, FL
33174.
4. Respondent. Oscar S. Benitez, previously held license number AR ODOATS,
however the license went delinquent on March 1, 1995, and null and void on March [. 1997
8. Respondent, Oscar S. Benitez, has reapplied for licensure and on January 6, 2003,
received license number AR 91512.
6. Respondent, Oscar S. Benitez, received his license even though he is not a
graduate of a school or college of architecture accredited by the National Architectural
Accreditation Board.
7. Respondent, O. Benitez & Associates, Inc., never had a certificate of
authorization to perform architectural services.
8. Prior to becoming licensed on January 6, 2003, Respondent distributed a business
card which held out Respondent, O. Benitez & Associates, Inc, as providing architectural
services.
9. The business card also stated Respondent, Oscar S. Benitez, was the president of
O. Benitez & Associates, Inc.
10. After Respondent, Oscar S. Benitez, became licensed, he signed and sealed
architectural drawings that contained O. Benitez & Associates, Inc., in the title block.
COUNT I
Ll. Petitioner hereby realleges and incorporates paragraphs one (1) through ten (10)
as if fully set forth herein.
12. Section 481.223(1)(c), Florida Statutes, states that a person may not knowingly
“use the name or title ‘architect’ or ‘registered architect’ or words to that effect, when the person
is not then the holder of a valid license.”
13. Based upon the foregoing, the Respondent. Oscar S. Benitez has violated Section
481 .223C1 )(c), Florida Statutes, by using the name or lille “architect” in his business card. when
he was not the holder of a valid license.
COUNT II
14. Petitioner hereby realleges and incorporates paragraphs one (1} through ten (10)
as if fully set forth herein
{S. Section 481.219(2), Florida Statutes, requires a certificate of authorization for a
corporation, partnership, or fictitious nme offering architectural services.
16. Based upon the foregoing, the Respondent, O. Benitez & Associates, Inc., has
violated Section 481.219(2}, Florida Statutes, by offering architectural services without a
certificate of authorization.
COUNT INI
17. Petitioner hereby realleges and incorporates paragraphs one (1) through ten (10)
as if fully set forth herein.
18. Section 455.227(1)(h), Florida Statutes, provides that disciplinary action may be
taken when a license is obtained through an error of the department or the board.
, 19, Section 481.209(1)(b), Florida Statutes, states that applicant must be a graduate of
a school or college of architecture accrevited by the National Architectural Accreditation Board.
20. Based upon the foregoing, Respondent, Oscar S. Benitez has violated Section
455.227(1)(h) by obtaining his license through an error of the department or the board.
WHEREFORE, Petitioner respectfully requests the Board enter an Order imposing an
administrative fine not to exceed $5,000 per count, assess costs associated with investigation and
prosecution, impose any or all penalties Jelineated within Section 455.227(2), Florida Statutes,
and/or any other refief that the Board is authorized to impose pursuant to Chapters 481 and 455.
Florida Statutes, and/or the rules promulgated thereunder.
_
Signed this sat _day of Sep tern L em 2003.
DAVID K. MINACCI
Smith, Thompson, Shaw & Manausa, P.A.
2075 Centre Pointe Blvd
Tallahassee, HL 32300-4893
FL Bar No. 0056774
Ph: (850) 402-1570
Fax: (850) 402-1508
PCP:
Docket for Case No: 03-004864
Issue Date |
Proceedings |
Feb. 19, 2004 |
Order Closing File. CASE CLOSED.
|
Feb. 18, 2004 |
Respondent`s Motion to Withdraw Request for Administrative Hearing (filed via facsimile).
|
Jan. 28, 2004 |
Notice of Taking Deposition (O. Benitez) filed.
|
Jan. 14, 2004 |
Petitioner`s Notice of Filing Answer & Affirmative Defenses (filed via facsimile).
|
Jan. 12, 2004 |
Respondents Oscar S. Benitez and O. Benitez & Associates, Inc.`s Answer and Affirmative Defenses (filed via facsimile).
|
Jan. 12, 2004 |
Respondent`s Notice of Filing Answer & Affirmative Defenses (filed via facsimile).
|
Jan. 08, 2004 |
Memorandum to Counsel of Record from Judge M. Parrish regarding filing Respondent`s "formal answer to the Administrative Complaint."
|
Jan. 08, 2004 |
Notice of Hearing (hearing set for March 5, 2004; 9:00 a.m.; Miami, FL).
|
Jan. 07, 2004 |
Response to Initial Order filed by Petitioner.
|
Jan. 06, 2004 |
Response to Initial Order (filed by Respondent via facsimile).
|
Dec. 30, 2003 |
Initial Order.
|
Dec. 29, 2003 |
Notice of Appearance (filed by G. Glasser, Esquire).
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Dec. 29, 2003 |
Administrative Complaint filed.
|
Dec. 29, 2003 |
Election of Rights filed.
|
Dec. 29, 2003 |
Referral letter filed.
|